IP Litigation

Litigation is a high-stakes, sometimes bet-the-company undertaking. And nowhere is this more the case than in intellectual property litigation. Enormous amounts of money are typically at stake. The issues involved are highly technical, intricate, and often novel. And the outcome can have a profound impact on a client’s future, and occasionally, its very viability. Since the day McAndrews was founded over three decades ago, intellectual property litigation has been a mainstay of our firm. Our IP litigation team is one of the nation’s largest, most highly qualified, and ultimately most effective.

McAndrews is a uniquely positioned U.S. law firm modeled to efficiently and effectively service major IP litigation throughout the United States, as well as other matters. We are one of the largest single collections of lawyers with scientific and engineering degrees in one firm who are admitted to practice before the United States Patent and Trademark Office. This allows McAndrews to bring more than just a token IP attorney or two to a trial team. Rather, McAndrews staffs a full roster of IP lawyers with significant litigation experience who will meet the demands of any client matter.

Most also have advanced technical degrees and expertise in the technology at issue. Whether the field involved is medical devices, biotechnology, pharmaceuticals, digital technology, or many others, McAndrews has attorneys with significant expertise and oftentimes professional experience. Because we understand the underlying technology in each IP dispute, we are masters at analyzing complex technology concepts and effectively communicating them to non-technical arbiters including judges, juries, arbitrators, or mediators.

Our IP litigation practice is the largest in the firm. This allows us to staff up when major or particularly complex cases require it. We have the firepower to go toe-to-toe with anyone. Our litigators can handle every phase of a dispute, from pretrial negotiations through to trial, settlement, and – if appropriate – appeal.

Yet, as a midsized firm, we are not burdened with mega-firm overhead and billing practices. We operate efficiently and staff litigation teams in ways that deliver maximum effectiveness. Our case management, docketing, and e-discovery infrastructures provide tailored service support to advance litigation cost-effectively. In turn, we deliver reliable, phased litigation budgets that allow general counsel and management to plan with reasonable certainty for necessary litigation outlays.

As practitioners, the foundation of our approach to litigation is preparation. The key to effective, and ultimately successful, litigation is painstaking, exhaustive research, preparation, and planning. A trial attorney should never be surprised by an unanticipated argument or fact. This laborious, hands-on advance work has become a hallmark of our firm. The depth and breadth of our preparation led one U.S. District Court judge to state, “I’ve tried hundreds, maybe thousands, of cases in my life and can honestly say I’ve never tried a case better prepared or better presented than this case.”

Finally, we are skilled and inventive negotiators, a capability that is often a byproduct of our courtroom experience and reputation. It is much easier to negotiate a favorable settlement when opposing counsel knows you are well-versed in the underlying technology and quite willing to try a case if necessary. Regardless of a case’s subject matter, status, size or venue, the IP litigators at McAndrews are aggressive, effective, and strategic advocates for our clients’ interests, and have the track record to prove it.

"Your team out-prepared, out-researched, out-briefed and out-argued the other side, which had three or four times as many lawyers committed full-time to the case. I will certainly recommend McAndrews for any trial work, particularly if it involves technical matters, such as patents, other intellectual property and trade secrets."

Assistant General Counsel